§ 11. Nature of rights acquired; repurchases; exchanges.

(a)

No interest in land other than a perpetual agricultural land preservation easement shall be acquired by the city pursuant to the provisions of this Ordinance, and no such interest shall be acquired by the exercise of the power of eminent domain. The acquisition of a preservation easement by the city shall not confer upon the public any right of entry or access, or any other rights, express or implied.

(b)

The acquisition of a preservation easement by the city shall extinguish the right of the landowner to develop the property for any use other than:

(1)

An agricultural use, as defined in section 4; and

(2)

Upon proper subdivision of the property, one (1) single-family dwelling on each building site reserved for such purposes in the preservation easement and accessory uses as allowed by Section 401(b) of the City Zoning Ordinance. Lots so subdivided shall, to the extent possible, contain no more than three (3) acres of land encumbered by the preservation easement.

(c)

Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded, the landowner or successor in interest to the property which is subject to the easement may petition the city council to repurchase the development rights and thereby extinguish the agricultural lands preservation easement on such property. The city council may, by vote of no less than three-fourths (¾) of all of its members, and in accordance with all other procedural requirements then governing the sale of municipal interests in land, authorize the repurchase of such development rights by the petitioning party at the then-current fair market value of such development rights and upon such other terms and conditions as may be fair and reasonable. Any such repurchase of development rights shall be subject to the provisions of subsection (d) or (d1), as the case may be.

(d)

Where no state or federal funds were used by the city in connection with the acquisition of the preservation easement that is the subject of the repurchase petition, no repurchase of development rights shall be authorized unless other preservation easements of (i) at least equal fair market value, (ii) of greater value as permanent open space, and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property which is the subject of the petition are substituted. No such substitution, however, shall be required if the city council determines by ordinance that:

(1)

The repurchase of such development rights is essential to the orderly development and growth of the city and in accordance with the Comprehensive Plan then in effect; and

(2)

The property that is the subject of the repurchase is no longer needed for open-space purposes, and the substitution of other real property is not feasible.

(d1)

Where state or federal funds were used by the city in connection with the acquisition of the preservation easement that is the subject of the repurchase petition, no repurchase of development rights shall be authorized unless:

(1)

The city council determines by ordinance that the repurchase of such development rights is essential to the orderly development and growth of the city and in accordance with the Comprehensive Plan then in effect; and

(2)

Other preservation easements or open-space lands of (i) at least equal fair market value, (ii) greater value as permanent open space and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the subject property are acquired by the city.

(e)

Notwithstanding any other provision of this section, at any time after a preservation easement on a parcel has been acquired, the landowner may petition the city council for the extinguishment of such easement in exchange for the conveyance to the city of a preservation easement on a different portion of the landowner's property meeting all of the eligibility criteria set forth in section 7. The city council shall approve such exchange upon a finding that:

(1)

The acquisition of the proposed preservation easement in lieu of the existing easement does not adversely affect the City's interests in accomplishing the purposes of this Ordinance;

(2)

The proposed easement area meets all of the eligibility requirements set forth in section 7 of this Ordinance; and

(3)

The exchange complies with the requirements of subsection (d).

(f)

The consideration for any acquisition of a preservation easement pursuant to subsection (e) shall consist solely of the extinguishment of the existing preservation easement.

(Ord. No. 2585, 6-6-00; Ord. No. 2825, 6-1-04; Ord. No. 3035, 6-24-08; Ord. No. 3064, 1-27-09)

(Ord. No. 2585, 6-6-00; Ord. No. 2825, 6-1-04; Ord. No. 3035, 6-24-08; Ord. No. 3064, 1-27-09)